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Articles 61 - 90 of 241
Full-Text Articles in First Amendment
Dialogue On State Action, Martin A. Schwartz, Erwin Chemerinsky
Dialogue On State Action, Martin A. Schwartz, Erwin Chemerinsky
Touro Law Review
No abstract provided.
The Storm Arrives: The First Amendment Cases In The Supreme Court's 1999-2000 Term, Joel M. Gora
The Storm Arrives: The First Amendment Cases In The Supreme Court's 1999-2000 Term, Joel M. Gora
Touro Law Review
No abstract provided.
Criminal Court Of The City Of New York, People V. Tiffany, Deborah A. Monastero
Criminal Court Of The City Of New York, People V. Tiffany, Deborah A. Monastero
Touro Law Review
No abstract provided.
Supreme Court, Queens County, People V. Amadeo, Erik Lindemann
Supreme Court, Queens County, People V. Amadeo, Erik Lindemann
Touro Law Review
No abstract provided.
Court Of Appeals, People V. Fraser, Evan M. Zuckerman
Court Of Appeals, People V. Fraser, Evan M. Zuckerman
Touro Law Review
No abstract provided.
Second Department, Bowden V. Iona Grammar School, Jonathan Janofsky
Second Department, Bowden V. Iona Grammar School, Jonathan Janofsky
Touro Law Review
No abstract provided.
The Unpunishable Immorality, Ramzi Nasser
Appellate Division, Third Department Matter, Of Schulz V. Pataki, Daniela Licata
Appellate Division, Third Department Matter, Of Schulz V. Pataki, Daniela Licata
Touro Law Review
No abstract provided.
United States District Court, Southern District Of New York, People For The Ethical Treatment Of Animals V. Giuliani, Melissa Murphy
United States District Court, Southern District Of New York, People For The Ethical Treatment Of Animals V. Giuliani, Melissa Murphy
Touro Law Review
No abstract provided.
Supreme Court, Nassau County New York, Coleman V. O'Shea, Melissa Murphy
Supreme Court, Nassau County New York, Coleman V. O'Shea, Melissa Murphy
Touro Law Review
No abstract provided.
City Court, Watertown New York, People V. Rogers, Lisa Bartolomeo
City Court, Watertown New York, People V. Rogers, Lisa Bartolomeo
Touro Law Review
No abstract provided.
Supreme Court, Monroe County, People V. Owens, Wendy Holland
Supreme Court, Monroe County, People V. Owens, Wendy Holland
Touro Law Review
No abstract provided.
United States Court Of Appeals Second Circuit, Seabrook V. City Of New York, Wendy Holland
United States Court Of Appeals Second Circuit, Seabrook V. City Of New York, Wendy Holland
Touro Law Review
No abstract provided.
The Supreme Court Rules In Favor Of Religious Club’S Right To Meet On Public School Premises: Is This “Good News” For First Amendment Rights, Thomas A. Schweitzer
The Supreme Court Rules In Favor Of Religious Club’S Right To Meet On Public School Premises: Is This “Good News” For First Amendment Rights, Thomas A. Schweitzer
Touro Law Review
No abstract provided.
The Calm After The Storm: First Amendment Cases In The Supreme Court’S 2000-2001 Term, Joel Gora
The Calm After The Storm: First Amendment Cases In The Supreme Court’S 2000-2001 Term, Joel Gora
Touro Law Review
No abstract provided.
“Ev’Ry American Experiment Sets A Precedent”: Why One Florida State Court’S Bitcoin Opinion Is Everyone’S Business, Allison Caffarone, Meg Holzer
“Ev’Ry American Experiment Sets A Precedent”: Why One Florida State Court’S Bitcoin Opinion Is Everyone’S Business, Allison Caffarone, Meg Holzer
Scholarly Works
Part I of this article seeks to explain in largely non-technical terms the design of the Bitcoin network. Part II explains the guidance and administrative rulings provided by the United States Department of the Treasury's Financial Crimes Enforcement Network in relation to the issues in the Espinoza case. Additionally, Part II surveys different approaches taken by state legislatures and regulators in seeking to address decentralized virtual currencies, including bitcoin. Careful attention is paid to how the terms "monetary value" and "virtual currency" are defined, and how those definitions have been interpreted. Part II further explores the differences in the way …
Can Dna Be Speech?, Jorge R. Roig
Can Dna Be Speech?, Jorge R. Roig
Scholarly Works
DNA is generally regarded as the basic building block of life itself. In the most fundamental sense, DNA is nothing more than a chemical compound, albeit a very complex and peculiar one. DNA is an information-carrying molecule. The specific sequence of base pairs contained in a DNA molecule carries with it genetic information, and encodes for the creation of particular proteins. When taken as a whole, the DNA contained in a single human cell is a complete blueprint and instruction manual for the creation of that human being. In this article we discuss myriad current and developing ways in which …
Freedom Of Unspoken Speech: Implied Defamation And Its Constitutional Limitations, Julie M. Capie
Freedom Of Unspoken Speech: Implied Defamation And Its Constitutional Limitations, Julie M. Capie
Touro Law Review
No abstract provided.
The Difficulty Of Balancing The Doctrine Of Prior Restraint With The Right Of Privacy, Bridgette Nunez
The Difficulty Of Balancing The Doctrine Of Prior Restraint With The Right Of Privacy, Bridgette Nunez
Touro Law Review
No abstract provided.
Tyranny Of The Arrogant, Ignorant And Intolerant: The Liberal Movement To Undermine Free Speech, Hon. Loretta A. Preska
Tyranny Of The Arrogant, Ignorant And Intolerant: The Liberal Movement To Undermine Free Speech, Hon. Loretta A. Preska
Touro Law Review
No abstract provided.
Five Justices Have Transformed The First Amendment’S Freedom Of Religion To Freedom From Religion, Gerald Walpin
Five Justices Have Transformed The First Amendment’S Freedom Of Religion To Freedom From Religion, Gerald Walpin
Touro Law Review
No abstract provided.
District Court, Nassau County, People V. Zedner, Jonathan Kirchner
District Court, Nassau County, People V. Zedner, Jonathan Kirchner
Touro Law Review
No abstract provided.
The Odyssey Of A Supreme Court Decision About The Sanctity Of Opinions Under The First Amendment, Richard H.W. Maloy
The Odyssey Of A Supreme Court Decision About The Sanctity Of Opinions Under The First Amendment, Richard H.W. Maloy
Touro Law Review
No abstract provided.
A Balanced Diet Of First Amendment Cases, Joel Gora
A Balanced Diet Of First Amendment Cases, Joel Gora
Touro Law Review
No abstract provided.
Lane V. Franks: The Supreme Court Clarifies Public Employees’ Free Speech Rights, Thomas A. Schweitzer
Lane V. Franks: The Supreme Court Clarifies Public Employees’ Free Speech Rights, Thomas A. Schweitzer
Touro Law Review
No abstract provided.
A Critique Of Hobby Lobby And The Supreme Court's Hands-Off Approach To Religion, Samuel J. Levine
A Critique Of Hobby Lobby And The Supreme Court's Hands-Off Approach To Religion, Samuel J. Levine
Scholarly Works
Over the past several decades, the United States Supreme Court has demonstrated an increasing refusal to engage in a close evaluation of the religious nature of Free Exercise and Establishment Clause claims, instead deferring to adherents’ characterizations of the substance and significance of a religious practice or belief. The Supreme Court’s hands-off approach, which it has justified on both constitutional and practical grounds, has attracted considerable scholarly attention, producing a substantial and growing body of literature assessing and, at times, critiquing the Court’s approach.
Part I of this Essay provides a brief overview for analyzing the Supreme Court’s hands-off approach …
Land Use Law Update: Reed V. Town Of Gilbert Redux, Sarah Adams-Schoen
Land Use Law Update: Reed V. Town Of Gilbert Redux, Sarah Adams-Schoen
Scholarly Works
The Winter 2015 Land Use Law Update asked whether the Supreme Court’s decision in Reed v. Town of Gilbert would require municipalities throughout the country to rewrite their sign codes. The short answer is “yes.”
At a minimum, following the Supreme Court’s decision that the Town of Gilbert’s temporary directional sign regulations violated petitioners Good News Community Church’s and Pastor Clyde Reed’s First Amendment rights, municipalities will want to act quickly to amend their sign codes if they regulate different categories of signs differently. A code that places fewer restrictions on political or ideological signs than on directional signs likely …
Land Use Law Update: Will Reed V. Town Of Gilbert Require Municipalities Throughout The Country To Rewrite Their Sign Codes?, Sarah Adams-Schoen
Land Use Law Update: Will Reed V. Town Of Gilbert Require Municipalities Throughout The Country To Rewrite Their Sign Codes?, Sarah Adams-Schoen
Scholarly Works
The author discusses the imminent Supreme Court decision in Reed v. Town of Gilbert. Depending on how the Court decides the case, municipalities may need to act quickly to amend their sign regulations.
Defending American Religious Neutrality, Mark Goldfeder
Defending American Religious Neutrality, Mark Goldfeder
Scholarly Works
Scholars who write about the US Supreme Court's religious liberty jurisprudence typically lambaste the Court for its supposedly secularist or allegedly religious sympathies, or for inconsistencies in its rulings and norms. Andrew Koppelman takes a different approach in this aging but still timely book about the tradition and enduring relevance of religious "neutrality" in American constitutional law.
A Quantum Congress, Jorge R. Roig
A Quantum Congress, Jorge R. Roig
Scholarly Works
This article tries to address the problem of a corrupt and broken electoral system that has been captured by special interests through big money spending in political campaigns, while at the same time preserving the spirit of the Free Speech Clause of our Constitution. In doing so, this article first reviews and summarizes the different alternatives proposed as potential fixes for the campaign finance problem. It then explains why none of the proposed alternatives can accomplish the dual goals set out above. Finally, the article briefly sketches a proposal for a fundamental reworking of our representative democracy by substituting legislative …